Regulation 10 Eligible students – exceptionsI1
England and Wales
A person (“P”) is not an eligible student if any of the following exceptions applies—
Exception 1
P is in breach of any obligation to repay any loan.
Exception 2
P has reached the age of 18 and has not ratified any agreement for a loan made with P when P was under the age of 18.
Exception 3
The Welsh Ministers think that P's conduct is such that P is not fit to receive support.
Exception 4
P is a prisoner, unless P is an eligible prisoner.
Exception 5
P is enrolled on a course which is a designated course under—
- (a)
regulation 5, 66 or 83 of the 2017 Student Support Regulations and is receiving support under those Regulations for that course;
- (b)
regulation 5 of the 2018 Student Support Regulations and is receiving support under those Regulations for that course;
- (c)
regulation 4 of the 2017 Master's Degree Loans Regulations and is receiving support under those Regulations for that course;
- (d)
regulation 4 of the 2018 Doctoral Degree Loans Regulations and is receiving support under those Regulations for that course.
- (a)
Exception 6
P has already obtained an equivalent or higher qualification.
Exception 7
P has already enrolled on a designated course and is in receipt of support under these Regulations for that course.
Exception 8
P has previously received support in respect of a course—
- (a)
under these Regulations,
- (b)
under the 2017 Master's Degree Loans Regulations, or
- (c)
in the form of a loan provided out of funds provided by a government authority within the United Kingdom.
But P may be an eligible student despite this exception if the Welsh Ministers are of the view that P had not been able to complete the course to which the previous loan related due to compelling personal reasons.
- (a)
Exception 9
In respect of P undertaking the designated course, there has been bestowed on or paid to P—
F5Exception 9A
In respect of P undertaking the designated course, there has been bestowed on or paid to P any allowance, bursary or award of a similar description made under section 116(2)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016 F6...
Exception 10
The designated course is a distance learning course and P is not in Wales on the first day of the first academic year of the course.
But this exception does not apply where—
F10Exception 11
P is aged 60 or over on the first day of the first academic year of the designated course.
F11 Exception 12
The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs of Schedule 2 into which P falls is one or more of paragraphs 7A, 8B F12, 8BA or 8D.
In Exceptions 1 and 2, “loan” means a loan made under any provision of the student loans legislation.
The Welsh Ministers may only exercise their discretion under Exception 8 once in respect of a particular student.
Annotations
Textual amendments
- F1
Words in reg. 10(1) omitted (4.1.2024) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 3) (Wales) Regulations 2023 (S.I. 2023/1349), regs. 1(2), 77
- F2
Words in reg. 10(1) inserted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 49(2); S.I. 2019/1436, reg. 2(b)
- F3
Words in reg. 10(1) omitted (6.5.2022) by virtue of The Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/403), regs. 1(2), 25(a) (with reg. 2)
- F4
Words in reg. 10(1) omitted (3.2.2025) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 49
- F5
Words in reg. 10(1) inserted (6.5.2022) by The Education (Postgraduate Student Support) (Miscellaneous Amendments) (Wales) Regulations 2022 (S.I. 2022/403), regs. 1(2), 25(b) (with reg. 2)
- F6
Words in reg. 10(1) omitted (8.5.2024) by virtue of The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) (Amendment) Regulations 2024 (S.I. 2024/501), regs. 1(2), 3 (with reg. 1(3))
- F7
Words in reg. 10(1) omitted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 50(a)
- F8
Word in reg. 10(1) substituted (1.9.2020) by The Education (Student Support) (Postgraduate Masters Degrees) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/918), regs. 1(2), 2(2)(b)
- F9
Words in reg. 10(1) omitted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 50(b)
- F10
Words in reg. 10(1) inserted (1.9.2020) by The Education (Student Support) (Postgraduate Masters Degrees) (Wales) (Amendment) (Coronavirus) Regulations 2020 (S.I. 2020/918), regs. 1(2), 2(2)(c)
- F11
Words in reg. 10 inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 178 (with reg. 2)
- F12
Word in reg. 10(1) inserted (31.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021 (S.I. 2021/1365), regs. 1(2), 55
Marginal citations
- M1
2000 c. 14; amended by the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), Schedule 3(2), paragraph 43.
Commencement
- I1
Reg. 10 in force at 27.5.2019, see reg. 1(2)